HomeMy WebLinkAboutC-4701 - PSA for Operators Permit Code RegulationsPROFESSIONAL SERVICES AGREEMENT WITH
JAMES B. HARE
® FOR OPERATORS PERMIT CODE REGULATIONS
THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made
V and entered into as of this 15th day of October, 2010, by and between the CITY OF
NEWPORT BEACH, a California Municipal Corporation ( "City "), and JAMES B. HARE
a sole proprietor doing business as ( "DBA ") James B. Hare, whose address is 3901
Liggert Drive, San Diego, California 92166 ( "Consultant "), and is made with reference
to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City is considering revisions to the Municipal Code that would enable the City to
regulate the operators of establishments providing on -sale alcohol sales and
entertainment through a permit issued to the individual ( "operator's permit ").
C. City desires to engage Consultant to provide professional planning services,
including research, recommendations, document preparation, and presentations,
related to the development of an operator's permit ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member[s] of Consultant for purposes of Project, shall be James B.
Hare.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 15th day of March, 2011, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently perform all the services described in the Scope of Services
attached hereto as Exhibit A and incorporated herein by reference ( "Services" or
"Work "). The City may elect to delete certain tasks of the Scope of Services at its sole
discretion.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Agreement and the
Services shall be performed to completion in a diligent and timely manner. The failure
by Consultant to perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays due to
causes beyond Consultant's reasonable control. However, in the case of any such
delay in the Services to be provided for the Project, each party hereby agrees to provide
notice to the other party so that all delays can be addressed.
3.1 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable
time extensions for unforeseeable delays that are beyond Consultant's
control.
3.2 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the Services on a time and expense not -to- exceed basis in
accordance with the provisions of this Section and the Schedule of Billing Rates
attached hereto as Exhibit A and incorporated herein by reference. Consultant's
compensation for all Work performed in accordance with this Agreement, including all
reimbursable items and subconsultant fees, shall not exceed Twenty -Five Thousand
Dollars and no /100 ($25,000.00) without prior written authorization from City. No
billing rate changes shall be made during the term of this Agreement without the prior
written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the Work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it
relates, the date the Services were performed, the number of hours spent
on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City. Unless otherwise approved, such costs shall be
limited and include nothing more than the following costs incurred by
Consultant:
James B. Hare Page 2
A. The actual costs of subconsultants for performance of any of the
Services that Consultant agrees to render pursuant to this
Agreement, which have been approved in advance by City and
awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and /or other costs and /or payments specifically
authorized in advance in writing and incurred by Consultant in the
performance of this Agreement.
4.3 Consultant shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra
Work" means any Work that is determined by City to be necessary for the
proper completion of the Project, but which is not included within the
Scope of Services and which the parties did not reasonably anticipate
would be necessary at the execution of this Agreement. Compensation
for any authorized Extra Work shall be paid in accordance with the
Schedule of Billing Rates as set forth in Exhibit A.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during
the Agreement term. Consultant has designated JAMES B. HARE to be its Project
Manager. Consultant shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
Consultant, at the sole discretion of City, shall remove from the Project any of its
personnel assigned to the performance of Services upon written request of City.
Consultant warrants that it will continuously furnish the necessary personnel to
complete the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Planning Department. JAIME MURILLO,
ASSOCIATE PLANNER, or his designee shall be the Project Administrator and shall
have the authority to act for City under this Agreement. The Project Administrator or
his /her authorized representative shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such
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materials in a timely manner so as not to cause delays in Consultant's
Work schedule.
B. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the Services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the Services required by this
Agreement, and that it will perform all Services in a manner
commensurate with community professional standards. All Services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
Work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
9. HOLD HARMLESS
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers,
and employees (collectively, the "Indemnified Parties ") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement, or
Consultant's presence or activities conducted on the Project (including the negligent
and /or willful acts, errors and /or omissions of Consultant, its principals, officers, agents,
employees, vendors, suppliers, subconsultants, subcontractors, anyone employed
directly or indirectly by any of them or for whose acts they may be liable or any or all of
them).
Notwithstanding the foregoing, nothing herein shall be construed to require Consultant
to indemnify the Indemnified Parties from any Claim arising from the sole negligence or
James B. Hare Page 4
willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be
construed as authorizing any award of attorney's fees in any action on or to enforce the
terms of this Agreement. This indemnity shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis and
Consultant is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Consultant, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. Nothing in this
Agreement shall be deemed to constitute approval for Consultant or any of Consultant's
employees or agents, to be the agents or employees of City. Consultant shall have the
responsibility for and control over the means of performing the Work, provided that
Consultant is in compliance with the terms of this Agreement. Anything in this
Agreement that may appear to give City the right to direct Consultant as to the details of
the performance or to exercise a measure of control over Consultant shall mean only
that Consultant shall follow the desires of City with respect to the results of the Services.
11. COOPERATION
Consultant agrees to Work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Consultant on the Project.
12. CITY POLICY
Consultant shall discuss and review all matters relating to policy and Project direction
with City's Project Administrator in advance of all critical decision points in order to
ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of
the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
14. INSURANCE
Without limiting Consultant's indemnification of City, and prior to commencement of
Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
A. Proof of Insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation. Insurance
certificates and endorsement must be approved by City's Risk Manager
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prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
Consultant shall procure and maintain for the duration of the contract
insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work
hereunder by Consultant, his agents, representatives, employees or
subconsultants. The cost of such insurance shall be included in
Consultant's bid.
B. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
C. Coverage Requirements.
Workers' Compensation Coverage. Consultant shall maintain
Workers' Compensation Insurance (Statutory Limits) and
Employer's Liability Insurance (with limits of at least $1,000,000) for
Consultant's employees in accordance with the laws of the State of
California, Section 3700 of the Labor Code In addition, Consultant
shall require each subconsultant to similarly maintain Workers'
Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California, Section 3700
for all of the subconsultant's employees.
Any notice of cancellation or non - renewal of all Workers'
Compensation policies must be received by City at least thirty (30)
calendar days (10 calendar days written notice of non - payment of
premium) prior to such change.
Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, agents, employees and volunteers. [Worker's
compensation coverage waived per attached exemption —
Exhibit B)
ii. General Liability Coverage. Consultant shall maintain commercial
general liability insurance in an amount not less than $1,000,000
per occurrence for bodily injury, personal injury, and property
damage, including without limitation, blanket contractual liability.
iii. Automobile Liability Coverage. Consultant shall maintain
automobile insurance covering bodily injury and property damage
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for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than $1,000,000 combined single limit for each accident.
iv. Professional Liability (Errors & Omissions) Coverage Consultant
shall maintain professional liability insurance that covers the
Services to be performed in connection with this Agreement, in the
minimum amount of $1,000,000 limit per claim and in the
aggregate.
D. Other Insurance Provisions or Requirements.
The policies are to contain, or be endorsed to contain, the following
provisions:
i. Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this Agreement shall be endorsed to waive
subrogation against City, its elected or appointed officers, agents,
officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a
loss. Consultant hereby waives its own right of recovery against
City, and shall require similar written express waivers and
insurance clauses from each of its subconsultants.
ii. Enforcement of Contract Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to
inform Consultant of non - compliance with any requirement imposes
no additional obligations on the City nor does it waive any rights
hereunder.
iii. Requirements not Limiting_ Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of
any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party
or insured to be all inclusive, or to the exclusion of other coverage,
or a waiver of any type.
iv. Notice of Cancellation. Consultant agrees to oblige its insurance
agent or broker and insurers to provide to City with 30 days notice
of cancellation (except for nonpayment for which 10 days notice is
required) or nonrenewal of coverage for each required coverage.
E. Timely Notice of Claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Consultant's performance under this Agreement.
James B. Hare Page 7
F. Additional Insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of
the Work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be provided
under this Agreement shall not be assigned, transferred contracted or subcontracted out
without the prior written approval of City. Any of the following shall be construed as an
assignment: The sale, assignment, transfer or other disposition of any of the issued
and outstanding capital stock of Consultant, or of the interest of any general partner or
joint venturer or syndicate member or cotenant if Consultant is a partnership or joint -
venture or syndicate or cotenancy, which shall result in changing the control of
Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -
five percent (25 %) or more of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of Consultant.
Assignments of any or all rights, duties or obligations of the Consultant under this
Agreement will be permitted only with the express written consent of City. Consultant
shall not subcontract any portion of the Work to be performed under this Agreement
without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Consultant, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Consultant
or any other party. Consultant shall, at Consultant's expense, provide such Documents
to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant pursuant to
this Agreement are not intended or represented to be suitable for reuse by City or
others on any other project. Any use of completed Documents for other projects and
any use of incomplete Documents without specific written authorization from Consultant
will be at City's sole risk and without liability to Consultant. Further, any and all liability
arising out of changes made to Consultant's deliverables under this Agreement by City
or persons other than Consultant is waived against Consultant and City assumes full
responsibility for such changes unless City has given Consultant prior notice and has
received from Consultant written consent for such changes.
18. CONFIDENTIALITY
James B. Hare Page 8
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers, representatives and
employees against any and all liability, including costs, for infringement of any United
States' letters patent, trademark, or copyright infringement, including costs, contained in
Consultant's drawings and specifications provided under this Agreement.
20. RECORDS
Consultant shall keep records and invoices in connection with the Work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any
longer period required by law, from the date of final payment to Consultant under this
Agreement. All such records and invoices shall be clearly identifiable. Consultant shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Consultant shall allow inspection
of all Work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
21. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Consultant shall
not discontinue Work as a result of such withholding. Consultant shall have an
immediate right to appeal to the City Manager or his /her designee with respect to such
disputed sums. Consultant shall be entitled to receive interest on any withheld sums at
the rate of return that City earned on its investments during the time period, from the
date of withholding of any amounts found to have been improperly withheld.
22. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than what would
have resulted if there were not errors or omissions in the Work accom plished by
Consultant, the additional design, construction and /or restoration expense shall be
borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the
law or any other sections of this Agreement.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the Project.
James B. Hare Page 9
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the Work performed
under this Agreement, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Agreement by City. Consultant shall indemnify and hold harmless City for any and all
claims for damages resulting from Consultant's violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served when
delivered personally, or on the third business day after the deposit thereof in the United
States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All
notices, demands, requests or approvals from Consultant to City shall be addressed to
City at:
Attn: Jaime Murillo
Planning Department
City of Newport Beach
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 644 -3209
Fax: 949 - 644 -3229
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Attention: James B. Hare
3901 Liggett Drive,
San Diego, Ca 92106
Phone: 619-221-9030
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, and thereafter
James B. Hare Page 10
diligently take steps to cure the default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Consultant. In the event of termination under this Section,
City shall pay Consultant for Services satisfactorily performed and costs incurred up to
the effective date of termination for which Consultant has not been previously paid. On
the effective date of termination, Consultant shall deliver to City all reports, Documents
and other information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state,
county or municipal, whether now in force or hereinafter enacted. In addition, all Work
prepared by Consultant shall conform to applicable City, county, state and federal laws,
rules, regulations and permit requirements and be subject to approval of the Project
Administrator and City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant or condition contained herein, whether of the same or a different
character.
29. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this
Agreement shall govern.
31. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Consultant and City and approved as to form by the City Attorney.
32. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
James B. Hare Page 11
authorship of the Agreement or any other rule of construction which might otherwise
apply.
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment because
of race, religion, color, national origin, handicap, ancestry, sex or age.
James B. Hare Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By: 4��
David R. Hunt
City Attorney
ATTEST:
r ,1
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A municipal corporation
By: G—\
Da ' iff
City Manager
CONSULTANT: (James B. Hare)
B.
Ja B. Hare
Attachments: Exhibit A – Scope of Services and Billing Rates
Exhibit B- Worker's Compensation Coverage Exemption
FORM CEQA Professional Services Agreement
James B. Hare Page 13
SCOPE OF SERVICES
PROFESSIONAL SERVICES AGREEMENT
FOR
PROFESSIONAL PLANNING SERVICES
James B. Hare — October 10, 2010
BACKGROUND
The City of Newport Beach has identified a need and seeks the services of an
experienced planner and planning project manager. James B. Hare is qualified
to provide those services, as evidenced by the attached resume. This scope of
services is intended to outline the understanding of tasks required and the
assumptions used in deriving costs and the proposed hourly billing rate.
THE TASKS
There is a need to supplement City Planning staff on the council directed review
and revision of the City of Newport Beach regulations related to the on -sale of
alcohol and entertainment. This issue was discussed and this work program was
initiated at the City Council Study Session of April 31, 2010. To complete this
task, the City has identified a need of assistance in managing the processes of
the necessary reviews and to provide planning coordination on the anticipated
efforts. Tasks to Mr. Hare will be assigned on an as needed basis as determined
by the Director of Planning. Mr. Hare will be expected to travel at his own
expense during the execution of this contract with the expectation that a majority
of the work can be accomplished remotely. Typical tasks may include:
• Along with City Staff, and with reference to applicable standards, determine
the information needed on existing City regulations and work with staff of
Planning, Police City Attorney and others to clarify mission, devise schedules,
and establish benchmarks;
• Review existing City regulations and data as provided, research information
on the means of addressing the agreed mission and such issues as may
arise, and offer best professional advice on policy and regulatory approaches.
• As assigned, conduct and attend forums and meetings as necessary to be
responsive to public interest on regulatory proposals;
• Along with City Staff and as advised by the City Manger and City Attorney,
complete analysis as assigned using adopted city policies and guidelines,
being responsive to the applicable requirements of the California Government
Code, the California Environmental Quality Act and the California Coastal Act
• Prepare background information, environmental initial studies, policy
recommendations, draft regulatory documents and staff agenda reports to
advisory and decision making bodies;
• Make presentations to advisory and decision making bodies during required
public workshops and hearings;
1 df 2
James B. Hare
3901 Liggett Drive • San Diego, CA 92106
(619) 952 -3105 (Mobile) • (619) 221 -9030 (Home)
jharebiz @cox.net
RECENT PROFESSIONAL EXPERIENCE
Assistant Planning Director • City of Chula Vista CA (2006 through 2007)
Manager of the Planning Division for one of California's most diverse and dynamic cities. Reported to the Director of
Planning and Building and lead a staff of 35 in advance planning, current planning/discretionary project processing,
Coastal Act/Local Coastal Program permitting, environmental review, multiple species conservation and zoning
administration. Served as primary staff and advisor to the Planning Commission. Was active in managing the
Department's budget, was lead for a 2006 study updating project processing fee schedules.
Signature Task: Carrying forward from 2004, served as lead in technical and project entitlement management for the
Bayfront Master Plan, a multi-party planning program for the City's coastal area. Tasks included coordination of
environmental processing and reconciling entitlement options with the Port of San Diego, with the California Coastal
Commission and with potential private developers. The draft Master Plan envisions hotel, residential and commercial
neighborhoods on a currently blighted and underutilized 500 -acre waterfront site between Interstate 5 and San Diego Bay.
Deputy Community Development Director • City of Chula Vista CA/Chula Vista Redevelopment Agency (2004 to 2006)
Worked to shape and manage a department charged with carrying out an emerging vision of revitalization and
redevelopment in Chula Vista. Supervision span included the department's planning and redevelopment functions, lead
by two subordinate mid- managers and comprising a total of 10 positions. During a period of constant organizational
change, took on personnel actions, office reconfiguration, and interdepartmental outreach. Valued for contribution of
strategic leadership based on practical experience and professional judgment. Commenced direct technical and project
management functions for the Bayfront Master Plan, described above.
Signature Task: Established a framework for accountable and flexible financing for infill development as part of the
Urban Core Specific Plan, using monitoring criteria and multiple funding sources instead of direct project impact
mitigation.
Special Planning Projects Manager • City of Chula Vista CA (2002 to 2004)
Completed project planning and entitlement processing within the new urbanist Otay Ranch General Development Plan
area. Hired as skilled and independent project manager to expedite the Eastern Urban Center project, envisioned as a
downtown- scaled focus for Otay Ranch.
Signature Task Completed the Village 7 Sectional Planning Area Plan within a highly - aggressive schedule to meet a
City Council goal for the provision of a needed high school facility.
City Planner • City of San Clemente CA/Talega Joint Planning Authority (1997 to 2002)
Managed the Planning Division, including advance planning, current planning/discretionary project processing, Coastal
Act/Local Coastal Program permitting, environmental review, zoning administration, and redevelopment. Provided
leadership and direction for 10 supervisory, professional, and administrative staff. Administered divisio n operating
budget, extension -of -staff consultants, and developer - funded processing contracts. Served as Planning Commission
Secretary. Instrumental in addressing planning issues facing the City, including, advent of three new master planned
communities comprising over 5,500 dwellings, the general high demand for housing and commercial space in south
Orange County, and the reconciliation of growth with emerging regional transportation links and multiple habitat
preservation plans. Concurrently managed the planning function of the Talega Joint Planning Authority, a City-County
joint powers entity formed to oversee annexation of 2,500 dwellings in a master - planned community. Managed
community a revitalization project designed to recapture the City's historic character and downtown streetscape. Led a
transition to computerized accounting system to improve fiscal management and accounting within the Planning Division.
Signature Task: Successfully managed the Marblehead Coastal planned community project to entitlement approval.
Comprising one of few remaining substantial undeveloped parcels on the Orange County coast, Marblehead was arguably
the single most complex and controversial development project in City history.
PRIOR PROFESSIONAL EXPERIENCE
Planning Director • Rancho Santa Fe Association, Rancho Santa Fe, CA (1989 to 1997)
Local and regional planning advisor for the Board of Directors of a homeowner's association corporation serving 4,500
residents and covering 6,000 acres. Managed a staff of five responsible for subdivision and comprehensive design review
with broad discretionary authority under community's Protective Covenant of 1928. Actively represented the Association
in regional issues related to traffic and open space conservation.
• Recognized by San Diego APA Awards for Residential Design Guidelines (1992) and Village Plan (1991).
• Authored documentation of Covenant processes, demystifying procedures for architects, engineers, and applicants.
• Drafted and testified before a State Assembly committee on the Estate Residential Speed Zone bill (AB 2685, 1997).
Principal Planner /Sign Code Administrator • City of San Diego, CA (1986 to 1989)
Managed staff of 11 and all aspects of sign regulation, including review of legislation, preparation of ordinance
amendments, enforcement of regulations, and issuance of building permits for signs and billboards.
Assistant Zoning Administrator • City of San Diego, CA (1985 to 1986)
Managed staff of 21 in application of Municipal Code to land development. As Assistant Zoning Administrator,
continuing as Principal Planner, served as hearing officer for 200 variance and special permit cases annually.
Senior Planner • City of San Diego, CA (1983 to 1985)
Supervised the preparation of community plans. Program Manager for three Community Development Block Grant
(CDBG) funded design contracts. Primary department representative to the multiple - award - winning Project First Class,
an interdepartmental initiative within Southeast San Diego. Addressed urban decay, revitalizing neighborhoods, and
promoting investment in the community through coordinated urban design standards, ordinances, and code enforcement.
Associate Traffic Engineer • City of San Diego, CA (1983)
Developed travel forecasts and provided analysis of individual development projects. Monitored Citywide level of service
standards. Supervised an Assistant Traffic Engineer.
Associate Planner • City of San Diego, CA (1980 to 1983)
Prepared community plans and coastal elements for northem -tier urbanizing coastal communities of Mira Mesa and
University City. Coordinator for Community Planning Chairpersons, citywide citizen planner forum. Department liaison
to Metropolitan Transit Development Board (MTDB).
Project Director/Environmental Consultant • MSA, Inc., San Diego, CA (1978 to 1980)
Directed interdisciplinary research teams responsible for all phases of environmental document preparation pursuant to
CEQA. Managed project schedules, budgets, personnel, client and agency relations, report preparation, and presentations.
As traffic and transportation specialist, assessed circulation impacts of development and planning proposals.
Junior Planner • City of San Diego, CA (1978)
Researcher • Joint Center for Transportation Studies, San Diego, CA (1976 to 1977)
Research Clerk • Comprehensive Planning Organization (now SANDAG), San Diego, CA (1976)
Administrative Intern • City of Chula Vista, CA (1974)
EDUGATION / CERTIFICATION / PUBLICATION
Graduate studies in Urban and Transportation Geography; B.A., Geography, minor in Public Administration
San Diego State University, San Diego, CA (1974) Studies included Urban Transportation, Historical Preservation,
Recreational Geography, Spatial Structure of Transport Systems, Statistics, and Traffic Engineering.
Member, American Institute of Certified Planners (1991- 2010).
Author (with Joseph Schilling) of Code Enforcement: A Comprehensive Approach, published by Solano Press Books (1994).
CITY OF NEWPORT BEACH
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is entered
into, I shall not employ any person in any manner so as to become subject to the Workers'
Compensation Laws of the State of California.
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Executed on this _1_...._. day of L D�E✓h 2010, at San Diego, California..
Bare, Sole Proprietor